The panel report on the seal case is out. http://www.wto.org/english/news_e/news13_e/400_401r_e.htm Obviously, there is a lot to digest there. Let me raise just one issue.
The panel ruled that the EC Seal Regime was justifiable (necessary) under TBT Article 2.2 (para. 7.3.3.3.5). Nonetheless, the panel ruled that it was "not designed and applied in an even-handed manner" due to the distinction between commercial and IC hunts. (para. 7.319). Notice the "even-handed" language. Understandably, the panel appeared to follow the recent Appellate Body jurisprudence on the TBT cases.
My question is: could these two rulings on Article 2.1 and 2.2 co-exist? Should we understand the Article 2.1 ruling eventually trump the Article 2.2 ruling? Here, Article 2.1 ruling smacks of the "chapeau" ruling under GATT Article XX.
